Sale and the warranty of title
Authors K Reid
Affiliations: Professor Emeritus of Scots Law, University of Edinburgh; Fellow of the Stellenbosch Institute for Advanced Study (STIAS); Writer to Her Majesty’s Signet
Source: Acta Juridica, 2019, p. 141 – 164
Both Scotland and South Africa received the rule of Roman law in terms of which a seller of property was obliged to maintain the buyer in possession but not obliged to make the buyer owner; there was, in other words, a warranty against eviction rather than an outright warranty of title. In both Scotland and South Africa, too, there has since been a move in the direction of a warranty of title so that today there is an ungainly, and possibly unstable, combination of the two types of warranty. This essay traces and compares the development of the implied warranty in respect of title in Scotland and South Africa.